SK LADLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE most accepted methodology of a Governmental working is to act fairly and in accordance with law and the police administration is no exception. The law makers have already circumscribed the powers of the police authority in various statutes and contradiction on the part of the police administration will take us back to the regine of a police raj or a police State - which in my view, on the wake of 21st century cannot even be comprehended. Police is the protect of society in terms of the provisions of the statutes and in the event of there being any action contrary thereto, the society shall suffer and ultimately perish which- situation the world's largest democracy cannot afford to have neither the law courts can permit such a situation. Law Court has a duty to the society and it is in discharge of that duty to the society, it must declare the action of the police authorities, in the event of there being any action contrary to the principles of law or opposed to the concept of fairness, as unlawful and illegal.

(2.) TURNING attention on to the present writ petition which was moved before this Court on 15 the June, 1992 inter alia for the issuance of a writ of mandamus commanding the respondent police authority to file a report before this Court regarding the incident of police firing on 25th March, 1992 at about 8 P. M. near Society Hotel, Phool Bagan within the Beniapukur police Station area in which the petitioner's son SK. Abdul Alt alias Chusui Boby and one sarwar were shot at which led to the death of both the persons - while petitioner's son succumbed to his injuries after a few lays Sarwar died on his way to the hospital.

(3.) IT is the definite case of the petitioner that before these two young boys were taken to hospital they were first: taken to the Beniapukur Police Station with severe bleeding injuries and then to the hospital. It is the petitioner's further case that even after the death of Sarwar and during the time when chusni Boby was fighting for his life, hurling of abusive language turned out to be a common and regular feature to the petitioner as also to the wife of Boby whenever there was any attempt to visit the hospital to see the dying son or the husband. These allegations, in my view, if at all there is any truth in it, cannot in a civilized society be appreciated. Incidentally it is, however, to be noted that in the counter-affidavit filed by the police authority these statements have been categorically denied through however contemporaneous correspondence from petitioners and, record, such a state of affairs. I however do not wish to dilate id eh on this score excepting what has been recorded as above.